Guide on ratification of the Migrant Workers Convention

Once there is clarity about the compatibility of the domestic legislation and the desirability of
becoming bound by the Convention, it has to be approved in accordance with the procedure
set out in the State’s Constitution. As noted above, usually this involves seeking the approval
of the treaty in question by the national legislature and may entail official publication of the
treaty. Good practice would also require publication in an easily accessible official journal.
The ICRMW designates the Secretary-General of the United Nations as the depositary of the
Convention. This means that all instruments of ratification or accession have to be deposited
with the Secretary-General in order to be valid. Instruments of ratification or accession have
to be signed by the Head of State, the Head of Government or the Minister of Foreign Affairs.
For signature, it is possible that the Head of State, the Head of Government or the Minister of
Foreign Affairs provide full powers to a designated representative in order to sign the treaty.
Accession has the same legal effect as ratification. However, unlike ratification, which must
be preceded by signature to create binding legal obligations under international law, accession
requires only one step, namely, the deposit of an instrument of accession.
• Implementation
The ICRMW enters into force for the State concerned on the first day of the month following
a period of three months after the date of deposit of its instrument of ratification or accession
(Art. 87). Within one year of the entry into force of the Convention for the State concerned,
the State party is required to submit an initial report on the legislative, judicial, administrative
and other measures it has taken to give effect to the provisions of the Convention (Art.
73(1)(a)). These reports shall also indicate factors and difficulties, if any, affecting the
implementation of the Convention and shall include information on the characteristics of
migration flows in which the State party is involved (Art. 73(2)). After the initial report,
States parties are required to submit a periodic report to the Committee every five years and
whenever the Committee so requests (Art. 73(1)(b)). After reception, the Committee
examines the reports submitted by States parties and transmits to the State concerned its
comments and recommendations (Art. 74).
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families, the body of experts monitoring implementation of the Convention by all States
Parties, has issued guidelines for the submission of initial reports (HRI/GEN/2/Rev.2/Add.1).
The Committee’s guidelines for the submission of periodic reports were adopted in April
2008 (CMW/C/2008/1).
2. Practical Effects of Implementation
Most of the States Parties to the ICRMW have moved to put in place national policy and
practice largely in accord with the standards specified in the Convention; their compliance
with the Convention is monitored by the Committee on Migrant Workers. As recognised by
several States Parties, the Convention serves as reference for the development and definition
of comprehensive national labour migration policies, which pay due attention to the human
rights of migrant workers and members of their families. It assists States in generating
conditions that promote more harmonious relations among different population groups and
respect for the culture and rights of migrant workers and members of their families.
Among other things, the Committee on Migrant Workers identifies and promotes good
practices through its examination of reports of States Parties. Examples of innovative as well
as standard good practices include:
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